In Texas, spousal maintenance refers to payments made from one spouse to another after the divorce process and in some cases, during the proceedings. Spousal maintenance is largely misunderstood by many people. It is not always awarded, and spouses requesting it must first meet certain eligibility requirements. If you are getting a divorce, Chase Jones Law can explain everything you need to know about spousal maintenance.
Texas Spousal Maintenance Eligibility
Spousal maintenance can be requested from either party during divorce proceedings. To be eligible for maintenance, a spouse must not have a sufficient amount of property to provide for their own basic needs. Additionally, the spouse requesting maintenance must prove one of the following:
They were a victim of family violence, perpetrated by the supporting spouse, or the couple’s children were victims of family violence, either while the divorce was ongoing or within two years of the divorce case being filed,
The requesting spouse suffers from a physical or mental disability that incapacitates them to the point where they cannot earn an income to become self-sufficient,
The requesting spouse is dependent on the paying party, lacks the skills to earn an income to cover their basic needs, and the couple has been married for at least 10 years, or
The spouse requesting maintenance is the custodial parent of a child who requires significant supervision or care because of a physical or mental disability, and the recipient spouse cannot work while providing this care.
How Courts Determine the Nature of Spousal Maintenance
Every case that involves maintenance legally requires the court to presume that spousal maintenance is not appropriate. Still, when a spouse requesting the support can show that they have made a reasonable effort to acquire training or education, or to obtain gainful employment, and they still require maintenance, a court will consider it. The court will not only have to determine whether to award maintenance, but also the nature of it, including the amount, the duration, and the payment method. Some factors the court will consider when making this decision include:
The ability of each spouse to provide for their own reasonable expenses and needs
The employability and education level of each spouse, or the time required to obtain the proper training and education that would allow a person to obtain gainful employment
The length of the marriage
The earning ability and employment history of each spouse
The emotional and physical fitness of the spouse request maintenance
The ability of each spouse to pay for their own needs while making child support payments
Whether either party concealed, wasted, disposed of, or destroyed any marital property
Whether one spouse contributed to the training, education, or career of the other while married
Any separate property either spouse brought into the marriage
Any contribution either party made to maintaining the household or raising children
Any marital misconduct either spouse engaged in while married, including cruel treatment and adultery
Any pattern or history of family violence
Chase Jones Law can explain these factors in more detail, and how they apply to your case.
Determining the Duration of Spousal Maintenance
Under state law, family law judges are required to follow strict guidelines when determining the duration of spousal maintenance. If spousal maintenance was ordered as a result of a mental or physical disability, or because the recipient is the caretaker of a young child shared by the two parties, or there is another pressing need for support, maintenance can be paid as long as the conditions exist. In these cases, a judge may also order a review of the maintenance order periodically in the future.
For all other spousal support issues, Texas law limits spousal maintenance to:
Five years, if the paying spouse was convicted of family violence and the two parties were married for less than 10 years
Five years, if the two parties were married for over 10 years, but less than 20 years
Seven years, if the parties were married for a minimum of 20 years, but not more than 30 years
10 years, if the two parties were married for a minimum of 30 years
Unless there is an extenuating circumstance, such as a disabled child, state law requires the family courts to order maintenance for a duration no longer than what is needed for the recipient to sufficiently support themselves. There are also certain circumstances that can force the termination of maintenance. They include when:
Either the paying party or the recipient passes away
The recipient remarries
The recipient enters into a romantic relationship with another person and cohabitates with them, or
A future review of the court deems a termination necessary
Chase Jones Law can advise on the factors a court will consider for the duration of your maintenance and give you the best chance of a successful outcome.
Limits on Spousal Maintenance
Texas is unique from many other states when it comes to spousal maintenance. Under state law, Texas limits the amount of spousal maintenance a judge can order. Spousal support cannot exceed $5,000 every month, or it cannot exceed 20% of the paying party’s average monthly gross income. The court must use the lesser of these two values when determining how much maintenance to award.
Spousal support payments generally have to be made monthly. The party that pays can make these payments on their own. In some cases, though, a judge may also order the support to be garnished from the paying party’s paycheck, so it can then be directed to the appropriate agency.
Chase Jones Law in Houston / Humble, Texas Can Help With Your Maintenance Issues
If you are getting a divorce and need to ask for maintenance, or defend against unfair requests for it, Chase Jones Law can help. At Chase Jones Law, we can explain the law and how it applies to your case and will work tirelessly so you can obtain the best judgment for you and your family. Call us now at 832-662-6670 or contact us online to schedule an appointment so we can review your case.